Rep. Patrick Windhorst filed with the House of Representatives Clerk’s Office an amendment to the Cannabis Regulation and Tax Act, House Bill 5123, to increase the penalty from a civil law violation to a Class A misdemeanor for anyone under the age of 21 who uses or possesses cannabis.

Rep. Patrick Windhorst

The amendment synopsis as introduced stated, “Amends the Cannabis Regulation and Tax Act. Provides that nothing in the Act authorizes a person who is under 21 years of age to possess or use (rather than possess) cannabis. Provides that a person under 21 years of age with cannabis in his or her possession or who uses cannabis (rather than with cannabis in his or her possession) is guilty of a Class A misdemeanor (rather than a civil law violation).”

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Current state law has classified minor possession as a civil violation and fully decriminalized and legalized adult use of cannabis.

Windhorst also proposed an amendment to fine any person “who violates specified provisions regarding advertising and promotions of cannabis is guilty of a business offense subject to a minimum fine of $501 and a maximum fine of $10,000. Provides that every calendar day that specified advertising and promotion violations occur is a separate offense. Provides that in addition to any other penalties and remedies under this provision, the Attorney General or the State’s Attorney may maintain a civil action against any person or entity who violates the provisions. Provides that in such civil action, the court may exercise all powers necessary, including, but not limited to: injunctive relief, revocation, forfeiture, or suspension of any license granted under the Act.”

The status of the amendments included Windhorst filing the amendment January 27. The first reading in the House also took place January 27, and the amendment was then referred to the Rules Committee on the same day.

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